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Thursday, October 29, 2009

Judge Dismisses Birther's Lawsuit; Mo. Reps. Cynthia Davis, Timothy Jones Lose Decision

Posted By on Thu, Oct 29, 2009 at 3:13 PM

Page 2 of 2

The Complaint additionally identifies a group of "Plaintiff State Representatives" as having "unique standing." While the Complaint does not specifically identify these representatives serving in the state government, from the caption of the Complaint it appears they are Tennessee Representative Glen Casada; New Hampshire Representative Timothy Comerford; Missouri Representative Cynthia Davis; Missouri Representative Timothy Jones; Tennessee Representative Frank Niceley; and Tennessee Representative Eric Swafford (collectively, the "State Representatives")...

In effect, Plaintiffs allege that the State Representatives have standing because they could be held liable for theft or conversion should they accept federal funds pursuant to an unconstitutionally elected president. The threat of liability for theft or conversion against these representatives is highly speculative.... The State Representatives' liability for theft or conversion is speculative because it takes multiple logical leaps to assume that the representatives would be prosecuted criminally for theft and conversion for taking funds from the President who has been elected and sworn into office. Because the alleged harm faced by the State Representatives is highly speculative and conjectural, this group also fails to satisfy the standing requirements. Moreover, to the extent that Plaintiffs allege State Representatives have standing based on an oath to uphold the Constitution, the allegation is insufficient to establish standing under the reasoning of City of South Lake Tahoe...
View the entire court order here.

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